Okaloosa County BOCC — May 4, 2013 — Action Item Printout — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 2, 2013 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Set Special Meeting/Public Hearing for Bluewater Bay Notice of Proposed Change DEPARTMENT: Growth Management BCC DISTRICT: Five STATEMENT OF ISSUE: Set a special Board of County Commissioners meeting and public hearing to consider a Notice of Proposed Change submitted by Bluewater Bay Resort, LLC, that would amend the Bluewater Bay Development of Regional Impact Development Order. BACKGROUND: Bluewater Bay Resort, LLC, owner of the golf courses within the Bluewater Bay Development of Regional Impact (DRI) has submitted a Notice of Proposed Change (NOPC) that would, if approved, amend the Bluewater Bay Development Order to allow the reconfiguration of 4 holes within the Magnolia Plantation golf course to allow residential development at varying densities. Due to concern over the potential length of the public hearing required to amend the development order, the Board of County Commissioners agreed during its regular meeting of March 19, 2013 to hear this item during a special meeting. The Board instructed staff to work with the applicants as well as those opposed to identify a mutually acceptable date. The Board also agreed that, in addition to the BCC chambers in either the County Courthouse in Crestview or the Water and Sewer Building in Ft Walton Beach, the meeting and hearing could also be held in the Emerald Coast Convention Center subject to availability. While the Board did not specify a time during which the meeting is to be held, the discussion during the meeting indicated that the Commission was amenable to meeting during the evening as well as in the morning or afternoon. Staff has coordinated with legal counsel for the applicants as well as the opposition, and April 25, 2013 is a mutually agreeable date. The Emerald Coast Convention Center is available for this date, as well. The applicant, Bluewater Bay Resort, LLC, prefers a morning or afternoon meeting; the opposition prefers an evening meeting. As the portion of section 380.06 of the Florida Statutes which governs the NOPC hearing process does not specify any certain time for such hearings, the time at which the meeting will occur is entirely at the Board of County Commissioners' discretion. The date, time, and location of the special meeting and public hearing as set by the Board will be advertised in accordance with Section 380.06 of the Florida Statutes. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners set a special meeting and public hearing to consider the Bluewater Bay Resort Notice of Proposed Change for April 25, 2013 to be held in Ballroom I of the Emerald Coast Convention Center located at 1250 Miracle Strip Parkway, Fort Walton Beach. Staff also requests and recommends that the Board establish a time certain for the meeting and public hearing in addition to the date and location, and authorize staff to advertise the hearing in accordance with all applicable statutes and regulations. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator